It may come as a surprise that, during the trial of a Texas car accident case, the jury will most likely hear very little, if anything, about whether the defendant was insured at the time of the accident. The thought behind the rule generally prohibiting such evidence is that, if the jury knows that the defendant is insured, they will be more likely to find in the plaintiff’s favor.
However, there is an equally valid argument that, by being deprived of the knowledge that the defendant had insurance, they will instead think that any verdict they render will have to be paid directly by the defendant, thus causing them to find in the defendant’s favor. While not every utterance of the word “insurance” will result in a mistrial, it is highly likely that there will be an appeal if a mention is made and the jury subsequently awards a substantial verdict in the plaintiff’s favor.
Facts of the Case
In a recent case, the plaintiff was a man who was injured in an multi-vehicle automobile accident. He filed suit against the defendant motorist, who allegedly set the collision in motion by proceeding through a “stale yellow or red” signal light. At trial, the defendant testified that “the light had turned yellow before the intersection,” forcing him to make a “split second decision whether to stop or go.” He further stated that he saw a truck coming from the left and hit his brakes, but the first impact of the multi-car accident occurred, nevertheless. Although the defendant insisted that he did not enter the intersection on a red light, his adult son told police officers at the scene that his father had, in fact, ran the red light.